Yates v. . North
New York Court of Appeals
Appeal taken in January, 1868, from an order of the General Term of the Supreme Court, in the fifth judicial district, affirming an order made at Special Term, vacating and setting aside an attachment issued in this action, on the 22d day of March, 186J, by one of the justices of the Supreme Court, under the Code, on the ground that the defendants had assigned, disposed of and secreted, or were about to assign, dispose of and secrete, their property with intent to defraud…
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Appeal taken in January, 1868, from an order of the General Term of the Supreme Court, in the fifth judicial district, affirming an order made at Special Term, vacating and setting aside an attachment issued in this action, on the 22d day of March, 186J, by one of the justices of the Supreme Court, under the Code, on the ground that the defendants had assigned, disposed of and secreted, or were about to assign, dispose of and secrete, their property with intent to defraud their creditors. The facts, so far as they are material to the decision, sufficiently appear in the opinion of the court.
1Opinion of the Court
The respondents' counsel has raised the preliminary objection, that the order in question is not appealable. This objection is not well founded. The decisions cited by the counsel, apparently sustaining it, were made in cases decided prior to the amendment of the Code, made in May, 1870, by chapter 741 of the Laws of that year. That enlarged the class of appealable orders so as to include the one in question, and it was held by a majority of the court, in Leland v. Hathorn (42 N.Y. Rep., 457), to apply to an appeal from an order not previously appealable, pending when that amendment took…
2Cited by13 opinions
- Steuben County Bank v. . AlbergerNew York Court of Appeals · 1879
- Ladenburg v. Commercial BankNew York Supreme Court · 1895
- Steuben County Bank v. . AlbergerNew York Court of Appeals · 1878
- Lewinsohn v. Kent & Stanley Co.New York Supreme Court · 1895
- Pride v. Indianapolis, Decatur & Western Railway Co.New York Supreme Court · 1889
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